Suffolk Couple Plead Not Guilty In Mauling Case

SUFFOLK — Heather Frango and James J. Martin could face 60 years in prison if convicted in the death of their son.

Heather Frango tried to drop off the pit-bull-mix dogs in the woods about a year ago. Her boyfriend, James J. Martin, beat her up for it, according to a statement made to police.

Frango did not go in the backyard to hang clothes because she was afraid of the dogs, and everybody in her family told Martin to get rid of them, Frango told police.

In October, at least one of the dogs mauled their 21/2-year-old son to death.

Martin, 29, and Frango, 25, were indicted last month on charges of felony child neglect and abuse, second-degree murder and involuntary manslaughter. On Thursday, they pleaded not guilty and asked for a jury to hear their case.

Circuit Court Judge Rodham T. Delk set Frango's trial for June 5 and Martin's for June 12.

Their son, Jonathan Martin, who would have turned 3 this week, was downstairs in the family's Whaleyville home in southern Suffolk on Oct. 3 when he was attacked by one or both of the dogs -- one male called Ox and one female called Little Girl. Jonathan suffered extensive wounds on the head, including his scalp and face. Bite tears, punctures and abrasions were found scattered all over the boy's body, including his legs and arms, according to the medical examiner's report.

Frango and Martin gave conflicting accounts to the police of what happened the morning of the attack, according to court documents.

Frango said Jonathan went downstairs to go to the bathroom while she began picking up clothes, putting them in a dryer and looking for shoes so she could go with the kids -- they have another 1-year-old son -- to the park.

Some time passed until Frango started to look for the boy. She found him injured in a room downstairs. The night before, Martin had brought the family's two pit-bull-mix dogs and six puppies into the house because it was cold outside.

Martin told police that he heard a loud noise or a thump and asked Frango to check on the boy. He said that was when Frango went downstairs and found the injured boy in the room with the dogs.

If convicted, the two could face a maximum of 60 years in prison. A landmark dog-mauling case in Virginia could make it harder for Frango and Martin to escape a jail sentence.

On Dec. 22, a Spotsylvania County jury recommended that a dog owner serve three years in prison following a conviction on an involuntary manslaughter charge in a fatal dog attack in the county. Dorothy Sullivan, 82, was in her yard with her own small dog when three roaming pit bulls attacked and mauled her and the dog to death this spring.

"I didn't like that case," said Greg Mathews, Martin's attorney, about the Spotsylvania conviction. "But based on my research, Mr. Martin has some law on his side."

Martin is being held without bond at Chesapeake City Jail on unrelated charges, which include possession of marijuana and driving with a suspended license. Frango is out of jail on a $20,000 bond.

Their other son, 1-year-old Daniel, is being cared for by Frango's aunt.

Frango admitted to having used illegal drugs the evening preceding the attack, according to court documents.